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ARTICLE · 07 JUNE 2013

The International Comparative Legal Guide To: Product Liability 2013

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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The product liability provisions are without prejudice to all other rights or actions of the injured party.

NetherlandsLitigation, Mediation & Arbitration
Daan Beenders
Daan Beenders
Machteld Jansen
Machteld Jansen
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1 LIABILITY SYSTEMS

1.1 What systems of product liability are available (i.e. liability in respect of damage to persons or property resulting from the supply of products found to be defective or faulty)? Is liability fault based, or strict, or both? Does contractual liability play any role? Can liability be imposed for breach of statutory obligations e.g. consumer fraud statutes?

The relevant product liability provisions are based on the EU Product Liability Directive (85/374/EEC) (the "Directive"). The Directive has been implemented in provisions 6:185 through 6:193 of the Dutch Civil Code ("DCC") (Burgerlijk Wetboek). Liability under these provisions is strict based. The types of damages which can be claimed are limited. See question 6.2.

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